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Supreme Court of India
Bar & Bench (www.barandbench.com) SUPREME COURT OF INDIA Re: Filling up vacancies of Judges in the Supreme Court. Against the sanctioned strength of 31 Judges, the Supreme Court of India is presently functioning with 25 Judges, leaving six clear vacancies. The Collegium met today to consider filling up of these vacancies and after extensive discussion and deliberations unanimously resolves to fill up, for the present, two of these vacancies. The Collegium discussed names of Chief Justices and senior puisne High Court Judges eligible for appointment as Judges of the Supreme Court. The Collegium considers that at present Mr. Justice K.M. Joseph, who hails from Kerala High Court and is currently functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India. While recommending the name of Mr. Justice K.M. Joseph, the Collegium has taken into consideration combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts, apart from their merit and integrity. Mr. Justice K.M. Joseph was appointed as a Judge of the Kerala High Court on 14th October, 2004 and was elevated as Chief Justice of the Uttarakhand High Court on 31st July, 2014 and since Bar & Bench (www.barandbench.com) 2 then has been functioning there. He stands at Sl. No.45 in the combined seniority of High Court Judges on all-India basis. We have also considered the names of eminent members of the Bar. -
Population Explosion
ARUNACHAL A monthly english journal SEPTEMBER 2019 1 REVIEW Population Explosion: A stark reality in India - Denhang Bosai s the nation was blissfully this rate then we are in for a If the people continue to Aand deeply engrossed in very serious problems ahead. be defiant and are not both- euphoric celebration of scrap- The problem will truly ered by the huge problems the ping of Article 370 and 35 (A) be catasthropic country is facing today due to from Jammu and Kashmir, having far- uncontrolled population growth many fail to listen to the very reaching dev- then GOI may explore possibil- relevant and important issue of astating con- ities to enact a uniform law in 'population explosion' raised by sequences. It consultation with all the people PM Modi in his Independence will be too late to check population Day speech this year. for us even to explo- sion. The The Prime repent. G O I Minister very rightly must en- opined that main- sure that taining a small the law will family can also be applicable be patriotism. He to all Indians said that patriotic irrespective of Indians should vol- religions or regions. unteer to have small Today, India produces families by having less huge quantities of food grains, children even though there build many roads, railways, was no law for it. How true schools, colleges, hospitals indeed, because this is in A l l and other facilities but they the interest of the nation. Indians ir- are never enough for the bil- Population explosion respective of lions of Indians. -
The Ibc Digest March 2021
THE IBC DIGEST VOLUME V MARCH 2021 The Insolvency and Bankruptcy Code Digest: March 2021 The Insolvency and Bankruptcy Code, 2016 has been one among the most dynamic legislative enactments in India that has been amended from time to time to meet the ever-changing needs in the field of insolvency laws. Each legislature gets its shape over increased litigation that helps conclusively decide matters and acts as a tool for interpretation of the provisions of the statute. The provisions of the IBC have been tested time and again before the judicial and quasi-judicial authorities ranging from the Hon’ble National Company Law Tribunal to the Apex Court namely the Supreme Court of India. The judgments passed by the National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), the High Court and the Supreme Court of India have helped the Insolvency Professionals and every professional practicing in the field of Insolvency Laws, interpret the Code read with the relevant Regulations, in its true letter and spirit. ‘The Insolvency and Bankruptcy Code Digest’, is an initiative by Corpvin Curious, the Knowledge and Research Cell of Corpvin Consulting LLP to summarize all the landmark judicial pronouncements passed each month in the field of Insolvency and interpret the amendments that are introduced in the Code or the Regulations made thereunder, if any, to assist professionals in understanding the implications of such pronouncements and/or amendments in a summarized way. Corpvin Curious is the brainchild of CS Jasveen Bindra and the team of Corpvin Curious is led by her. About the Author: CS Jasveen Bindra is a member of the Institute of Company Secretaries of India as a Practicing Professional. -
Dated 9Th October, 2018 Reg. Elevation
SUPREME COURT OF INDIA This file relates to the proposal for appointment of following seven Advocates, as Judges of the Kerala High Court: 1. Shri V.G.Arun, 2. Shri N. Nagaresh, 3. Shri P. Gopal, 4. Shri P.V.Kunhikrishnan, 5. Shri S. Ramesh, 6. Shri Viju Abraham, 7. Shri George Varghese. The above recommendation made by the then Chief Justice of the th Kerala High Court on 7 March, 2018, in consultation with his two senior- most colleagues, has the concurrence of the State Government of Kerala. In order to ascertain suitability of the above-named recommendees for elevation to the High Court, we have consulted our colleagues conversant with the affairs of the Kerala High Court. Copies of letters of opinion of our consultee-colleagues received in this regard are placed below. For purpose of assessing merit and suitability of the above-named recommendees for elevation to the High Court, we have carefully scrutinized the material placed in the file including the observations made by the Department of Justice therein. Apart from this, we invited all the above-named recommendees with a view to have an interaction with them. On the basis of interaction and having regard to all relevant factors, the Collegium is of the considered view that S/Shri (1) V.G.Arun, (2) N. Nagaresh, and (3) P.V.Kunhikrishnan, Advocates (mentioned at Sl. Nos. 1, 2 and 4 above) are suitable for being appointed as Judges of the Kerala High Court. As regards S/Shri S. Ramesh, Viju Abraham, and George Varghese, Advocates (mentioned at Sl. -
Securing the Independence of the Judiciary-The Indian Experience
SECURING THE INDEPENDENCE OF THE JUDICIARY-THE INDIAN EXPERIENCE M. P. Singh* We have provided in the Constitution for a judiciary which will be independent. It is difficult to suggest anything more to make the Supreme Court and the High Courts independent of the influence of the executive. There is an attempt made in the Constitutionto make even the lowerjudiciary independent of any outside or extraneous influence.' There can be no difference of opinion in the House that ourjudiciary must both be independent of the executive and must also be competent in itself And the question is how these two objects could be secured.' I. INTRODUCTION An independent judiciary is necessary for a free society and a constitutional democracy. It ensures the rule of law and realization of human rights and also the prosperity and stability of a society.3 The independence of the judiciary is normally assured through the constitution but it may also be assured through legislation, conventions, and other suitable norms and practices. Following the Constitution of the United States, almost all constitutions lay down at least the foundations, if not the entire edifices, of an * Professor of Law, University of Delhi, India. The author was a Visiting Fellow, Max Planck Institute for Comparative Public Law and Public International Law, Heidelberg, Germany. I am grateful to the University of Delhi for granting me leave and to the Max Planck Institute for giving me the research fellowship and excellent facilities to work. I am also grateful to Dieter Conrad, Jill Cottrell, K. I. Vibute, and Rahamatullah Khan for their comments. -
Report on Two Day International Webinar on Impact of Covid-19
Report on ‘Two Day International Webinar on ‘Impact of Covid-19 Pandemic on Global Economy’ 22-23 June, 2020 Organised by Centre for Development Studies Department of Economics Rajiv Gandhi University, Arunachal Pradesh Part – I Organising Committee Chief Patron Prof. Saket Kushwaha, Vice-Chancellor, Rajiv Gandhi University Patrons Prof. Amitava Mitra, Pro Vice-Chancellor, Rajiv Gandhi University Prof. Tomo Riba, Registrar, Rajiv Gandhi University Advisors Prof. Tana Showren, Dean, Faculty of Social Sciences Prof. N.C. Roy, Professor, Department of Economics Prof. S.K. Nayak, Professor, Department of Economics Organising Chairperson/Convener Prof. Vandana Upadhyay, Head, Professor, Department of Economics Coordinator Dr. Maila Lama, Sr. Assistant Professor, Department of Economics Deputy Coordinator Dr. Dil. B. Gurung Assistant Professor, Department of Economics Assistant Coordinators Dr. Lijum Nochi, Sr. Assistant Professor, Department of Economics Dr. Anup Kr. Das, Sr. Assistant Professor, Department of Economics Dr. Prasenjit B. Baruah, Sr. Assistant Professor, Department of Economics 1 Part – II Seminar/ Workshop / Webinar / FDP /STPs etc. 2.1: Background / Concept Notes and Objectives The world has been affected by the novel coronavirus (Covid-19) pandemic since November 2019. The virus causes respiratory diseases in human beings from common cold to more rare and serious diseases such as the Severe Acute Respiratory Syndrome (SARS) and the Middle East Respiratory Syndrome (MERS), both of which have high mortality rates (WHO 2020). The UN Secretary General described it as the worst crisis being faced by mankind since World War-II. It may lead to enhanced instability, unrest and enhanced conflict (The Economic Times, April 1, 2020). There is a high risk associated with this disease as it is highly fatal and contagious. -
List of Approved Institutions Upto 11-08
List of Approved Institutions upto 01-10- 2021 Sl. Institute Institute Name & Address Approved Training Duration Intake No. Code Programme ANDHRA PRADESH 1. AP004 RASS College of Special Education, 2006-07 to 2010 -11, Rashtriya Seva Samiti, Seva Nilayram, Annamaiah 2011-12 to 2015-16, Marg, A.I.R. Bye – Pass Road, Tirupati, 2016-17, 2017-18, 2018- Andhra Pradesh – 517501 D.Ed.Spl.Ed.(ID) 19, Tel No.: 0877 – 2242404 Fax: 0877 – 2244281 Email: [email protected]; 2019-20 to 2023-24 30 2. AP008 Department of Special Education, 2003-04 to 2006-07 Andhra University, Vishakhapatnam 2007-08 to 2011-12 Andhra Pradesh – 530003 2012-13 to 2016-17 Tel.: 0891- 2754871 0891 – 2844473, 4474 2017-18 to 2021-22 30 Fax: 2755547 B.Ed.Spl.Ed.(VI) Email: [email protected] [email protected], [email protected] 3. AP011 Sri Padmavathi Mahila Visvavidyalayam , 2005-06 to 2009-10 Tirupati, Andhra Pradesh – 517 502 2010-11 & 2011–12 Tel:0877-2249594/2248481 2012-13, Fax:0877-2248417/ 2249145 B.Ed.Spl.Ed.(HI) 2013-14 & 2014-15, E-mail: [email protected] 2015-16, Website: www.padmavathiwomenuniv.org 2016-17 & 2017-18, 2018-19 to 2022-23 30 4. AP012 Helen Keller’s College of Special Education 2005-06 to 2007-08, (HI), 10/72, Near Shivalingam Beedi Factory, 2008-09, 2009-10, 2010- Bellary Road, Kadapa, Andhra Pradesh – 516 001 11 Tel. No.: 08562 – 241593 D.Ed.Spl.Ed.(HI) Email: [email protected] 2011-12 to 2015-16, [email protected]; 2016-17, 2017-18, [email protected] 2018-19 25 2019-20 to 2023-24 25 B.Ed.Spl.Ed.(HI) 2020-21 to 2024-25 30 5. -
Notice of Motion for Presenting an Address to the President of India for the Removal of Mr
1 NOTICE OF MOTION FOR PRESENTING AN ADDRESS TO THE PRESIDENT OF INDIA FOR THE REMOVAL OF MR. JUSTICE DIPAK MISRA, CHIEF JUSTICE OF INDIA, UNDER ARTICLE 217 READ WITH 124 (4) OF THE CONSTITUTION OF INDIA THIS HOUSE RESOLVES that an address be presented to the President of India for the removal of Mr. Justice Dipak Misra, from the office of Chief Justice of India, for his following acts of misbehaviour, detailed in the Explanatory Note annexed herewith: I. The facts and circumstances relating to the Prasad Education Trust case, show prima facie evidence suggesting that Chief Justice Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case, which at least warrants a thorough investigation. II. That the Chief Justice Dipak Misra dealt on the administrative as well as judicial side, with a writ petition which sought an investigation into a matter in which he too was likely to fall within the scope of investigation since he had presided over every bench which had dealt with this case and passed orders in the case of Prasad Education Trust, and thus violated the first principle of the Code of Conduct for judges. III. That the Chief Justice Dipak Misra appears to have antedated an administrative order dated 6th November 2017 which amounts to a serious act of forgery/fabrication. IV. That Chief Justice Dipak Misra acquired land while he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the Supreme Court. -
Asia Index Launches S&P BSE Private Banks Index
THURSDAY, SEPTEMBER 6, 2018 Asia Index launches S&P BSE The International Women Entrepreneurs Sakshi Choudhary clinches Private Banks Index Summit 2018 gold medal at World Youth 5 September 2018 (International News) 5 September 2018 (International News) Boxing in Budapest The International Women Entrepreneurs 5 September 2018 ( Sports News) Asia Index Pvt Ltd, a joint Summit 2018 was inaugurated by the Vice venture between S&P Dow Jones President of Nepal Nanda Bahadur Pun in In boxing, Indices and BSE Ltd, announced Kathmandu, the capital of Nepal on former junior the launch of an index designed September 3, 2018. world champion to measure the performance of Nepal‘s Vice President emphasised upon empowering women boxer Sakshi private banks. in all areas including social, political and economic. The three- Choudhary day event is being organised by the South Asian Women added the youth The S&P BSE Private Banks Index is drawn from the Development Forum. It is expected to witness participation crown to her constituents of the S&P BSE Finance Index, the Asia's oldest from delegates belonging to 27 countries including China and cabinet in the 57- exchange said in a statement. the SAARC, ASEAN, EU, African and Arab countries. The kilogram Only common stocks classified as Banks by the BSE Sector Theme of the International Women Entrepreneurs Summit category, Classification model and that are not classified under the 2018: ‗Equality begins with Economic Empowerment‘ claiming the gold BSE scrip category as a Public Sector Undertaking (PSU) are Objective of the Summit at the World Youth Boxing in Budapest. -
Hon'ble Supreme Court Should Refrain from Passing a Judgment on the Ayodhya Ram Janma Bhoomi – Babri Masjid Matter, in View
Dated: 7.11.2019 To HON’BLE THE CHIEF JUSTICE OF INDIA SUPREME COURT OF INDIA BHAGWAN DAS ROAD NEW DELHI 110201 Hon’ble Supreme Court should refrain from passing a judgment on the Ayodhya Ram Janma Bhoomi – Babri Masjid matter, in view of the manifest massive manipulation of the issue and associated judicial process, by the ruling dispensations (be it Congress or BJP) to implement their political agendas. Judiciary has not yet adjudicated upon the 70 years old criminal fraud committed against the nation by so called ‘Hindu’ groups who planted Ram Lalla idols in the Masjid. The Congress, with help of the administration and Judiciary, maintained status quo in order to keep the Muslims trapped as a vote banks for decades – now the BJP has taken over with the diference that they are scaring Muslims to make inroads into Hindu vote bank. Four conspicuous Issues I. Criminal case fled on 23.12.1949, on installations of idols in Babri Masjid, (u/s 147, 448, 295, in Faizabad) II. Criminal matter on Babri Masjid demolition 1992, (initiated by Liberhan Commission, currently with CBI since 2017) III. Supreme Court Judgement 1994, Ismail Faruqi case regarding ‘Masjid not essential to Islam’ (1994, 6 SCC 360) IV. Supreme Court Judgement 1995, ‘Hinduism not a religion’ (Citation 1996 AIR 1113), (PM Modi speeches in Vancouver 17.4.2015, PTI) Hon’ble The Chief Justice of India, Let me state at the outset that I, the undersigned, am not aligned to any political ideology. Kindly see the disclaimer at the end of the letter. -
Justice Sabharwal's Defence Becomes Murkier
JUSTICE SABHARWAL’S DEFENCE BECOMES MURKIER: STIFLING PUBLIC EXPOSURE BY USING CONTEMPT POWERS Press Release: New Delhi 19th September 2007 Justice Sabharwal finally broke his silence in a signed piece in the Times of India. His defence proceeds by ignoring and sidestepping the inconvenient and emphasizing the irrelevant if it can evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him. Charge No. 1. That his son’s companies had shifted their registered offices to his official residence. Justice Sabharwal’s response: That as soon as he came to know he ordered his son’s to shift it back. Our Rejoinder: This is False. In April 2007, in a recorded interview with the Midday reporter M.K. Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the BPTP mall developers became his sons partners, making it very risky to continue at his official residence. Copies of the document showing the date of induction of Kabul Chawla, the promoter and owner of BPTP in Pawan Impex Pvt. Ltd., one of the companies of Jutstice Sabharwal’s sons, and Form no. 18 showing the shifting of the registered office from the official residence of Justice Sabharwal to his family residence on 23rd October 2004. Charge No. 2: That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. -
Standing Committee on Urban and Rural Development (1999-2000) 14
STANDING COMMITTEE ON URBAN AND RURAL DEVELOPMENT (1999-2000) 14 THIRTEENTH LOK SABHA THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) BILL, 1999 FOURTEENTH REPORT Presented to Lok Sabha on 26-7-2000 Laid in Rajya Sabha on 2-7-2000 LOK SABHA SECRETARIAT NEW DELHI CONTENTS COMPOSITION OF THE COMMITTEE INTRODUCTION PART I Background of the Constitution (Eighty-sixth Amendment) Bill, 1999 PART II Analysis of the Constitution (Eighty-sixth Amendment) Bill, 1999 APPENDICES I. The Constitution (Eighty-sixth Amendment) Bill, 1999, as introduced in Rajya Sabha II. The copy of the opinion dated 24th October, 1997 of the Department of Legal Affairs on Arunachal Pradesh Panchayat Raj Bill, 1997 III. The copy of the opinion dated 31st March, 2000 of the Department of Legal Affairs regarding applicability of article 243 D IV. Minutes of the Sixth sitting of the Committee held on 8th March, 2000 V. Minutes of the Seventeenth sitting of the Committee held on 10th May, 2000 VI. Minutes of the Nineteenth sitting of the Committee held on 8th June, 2000 VII. Minutes of the Twentieth sitting of the Committee held on 21st July, 2000 VIII. Statement of Recommendations/Observations COMPOSITION OF THE STANDING COMMITTEE ON URBAN AND RURAL DEVELOPMENT (1999-2000) Shri Anant Gangaram Geete - Chairman MEMBERS Lok Sabha 2. Shri Mani Shankar Aiyar 3. Shri Padmanava Behera 4. Shri Jaswant Singh Bishnoi 5. Shri A. Brahmanaiah 6. Shri Swadesh Chakrabortty 7. Shri Haribhai Chaudhary 8. Shri Bal Krishna Chauhan 9. Shri Chinmayanand Swami 10. Prof. Kailasho Devi 11. Shrimati Hema Gamang 12. Shri Holkhomang Haokip 13. Shri R.L.